16 U.S. Code § 669h - Requirements and restrictions concerning use of amounts for expenses for administration
(a)
Authorized expenses for administration
Except as provided in subsection (b) of this section, the Secretary of the Interior may use available amounts under section
669c
(a)(1) of this title only for expenses for administration that directly support the implementation of this chapter that consist of—
(2)
personnel costs of employees who directly administer this chapter on a part-time basis for at least 20 hours each week, not to exceed the portion of those costs incurred with respect to the work hours of the employee during which the employee directly administers this chapter, as those hours are certified by the supervisor of the employee;
(3)
support costs directly associated with personnel costs authorized under paragraphs (1) and (2), excluding costs associated with staffing and operation of regional offices of the United States Fish and Wildlife Service and the Department of the Interior other than for the purposes of this chapter;
(4)
costs of determining under section
669e
(a) of this title whether State comprehensive plans and projects are substantial in character and design;
(5)
overhead costs, including the costs of general administrative services, that are directly attributable to administration of this chapter and are based on—
(A)
actual costs, as determined by a direct cost allocation methodology approved by the Director of the Office of Management and Budget for use by Federal agencies; and
(B)
in the case of costs that are not determinable under subparagraph (A), an amount per full-time equivalent employee authorized under paragraphs (1) and (2) that does not exceed the amount charged or assessed for costs per full-time equivalent employee for any other division or program of the United States Fish and Wildlife Service;
(6)
costs incurred in auditing, every 5 years, the wildlife and sport fish activities of each State fish and game department and the use of funds under section
669e of this title by each State fish and game department;
(8)
costs of necessary training of Federal and State full-time personnel who administer this chapter to improve administration of this chapter;
(9)
costs of travel to States, territories, and Canada by personnel who—
(10)
costs of travel outside the United States (except travel to Canada), by personnel who administer this chapter on a full-time basis, for purposes that directly relate to administration of this chapter and that are approved directly by the Assistant Secretary for Fish and Wildlife and Parks;
(b)
Reporting of other uses
(1)
In general
Subject to paragraph (2), if the Secretary of the Interior determines that available amounts under section
669c
(a)(1) of this title should be used for an expense for administration other than an expense for administration described in subsection (a) of this section, the Secretary—
(c)
Restriction on use to supplement general appropriations
The Secretary of the Interior shall not use available amounts under subsection (b) of this section to supplement the funding of any function for which general appropriations are made for the United States Fish and Wildlife Service or any other entity of the Department of the Interior.
(d)
Audit requirement
(1)
In general
The Inspector General of the Department of the Interior shall procure the performance of biennial audits, in accordance with generally accepted accounting principles, of expenditures and obligations of amounts used by the Secretary of the Interior for expenses for administration incurred in implementation of this chapter.
(2)
Auditor
(A)
In general
An audit under this subsection shall be performed under a contract that is awarded under competitive procedures (as defined in section
132 of title
41) by a person or entity that is not associated in any way with the Department of the Interior (except by way of a contract for the performance of an audit or other review).
(B)
Supervision of auditor
The auditor selected under subparagraph (A) shall report to, and be supervised by, the Inspector General of the Department of the Interior, except that the auditor shall submit a copy of the biennial audit findings to the Secretary of the Interior at the time at which the findings are submitted to the Inspector General of the Department of the Interior.
Source
(Sept. 2, 1937, ch. 899, § 9,50 Stat. 919; Pub. L. 106–408, title I, § 111(b),Nov. 1, 2000, 114 Stat. 1764.)
Codification
In subsec. (d)(2)(A), “section
132 of title
41” substituted for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” on authority of Pub. L. 111–350, § 6(c),Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
2000—Pub. L. 106–408amended section generally. Prior to amendment, section read as follows: “Out of the deductions set aside for administering and executing this chapter and the Migratory Bird Conservation Act, the Secretary of the Interior is authorized to employ such assistants, clerks, and other persons in the city of Washington and elsewhere, to be taken from the eligible lists of the Civil Service; to rent or construct buildings outside of the city of Washington; to purchase such supplies, materials, equipment, office fixtures, and apparatus; and to incur such travel and other expenses, including purchase, maintenance, and hire of passenger-carrying motor vehicles, as he may deem necessary for carrying out the purposes of this chapter.”
Change of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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